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14 August 2013
Issue: 7573 / Categories: Features , Judicial line
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Travelling too far

On applications for permission to remove a child from the jurisdiction, a Cafcass report on the child’s wishes and feelings will often be ordered...

Q On applications for permission to remove a child from the jurisdiction, a Cafcass report on the child’s wishes and feelings will often be ordered. In my experience this will lead to a full s 7 Children Act 1989 report being produced which contains a recommendation as to what the court should do and sometimes in ignorance of the special criteria which have to be adopted in relocation cases. The litigation will be inflamed as a result. How in practice should this problem be tackled?
 
A The order of the court will no doubt have made clear what Cafcass is being ordered to do.  If it is not clear on the face of the order, the legal representatives (if there are any) will need to ask the court to make a more precise order before work starts, to avoid problems later.  One possible step is to order that the report is

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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